Requesting Sale of House in a Divorce

For many couples, the martial home is the only significant asset of the marriage. This can make dividing assets complicated in a divorce if one party wants to keep it for themselves. A recent divorce (dissolution of marriage) case from the Jacksonville area was appealed in part because at the time of divorce, the judge ordered that the husband keep the home but pay the wife her portion of the equity in the home within 6 months. At the same time, the judge ordered that the house be sold if the payments to the wife did not occur.

In this case, the husband was not able to complete his obligation and appealed the judge’s order to have the house sold on the basis that neither the husband nor wife asked that the house be sold in the divorce case.

The district court of appeals agreed that the court could not order the house be sold at the time of divorce because neither the husband or wife had made such a request in their divorce case.

Make a Formal Request

When going through a divorce where real estate may need to be sold in order to properly divide assets during the divorce, it is wise to consider including a formal “partition” request in the initial divorce pleadings asking that the property to be sold if needed. This provides a basis for the judge to order the house sold if it becomes necessary later in the case.

A Final Note

In this case, all is not lost for the wife. The district court of appeals noted that even though the judge did not have the authority to order the sale of the house at the time of the divorce, the wife can now file a motion asking the court to enforce the equitable distribution payment to her and the judge can then order the house be sold.

About Lori Caldwell-Carr, Attorney

I’m a Florida girl…having lived here most of my life. Walking the beach and playing in the surf is what makes Florida my happy place. I am blessed to have a great husband and two girls. The girls are grown, but we find a way to see them as much as we can.

Why I Love What I Do:“I love being a family law attorney today. Families in legal transition have so many options available to them today that weren’t available in the past. It is rewarding when I can help people find a unique solution that closely matches what the family needs.”

Company Profile

InFocus Family Law Firm is a central Florida law firm practicing in the areas of divorce, child support, alimony, relocation, paternity, close family adoption and various post judgment modification matters.

We serve the central Florida area including Orange, Seminole, Volusia, Osceola and Lake counties. Please call to discuss your matter with us.

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